HomeMy WebLinkAboutRes 21-10 Approving an Interlocal Agreement for Fire-EMS services with the City of KellerTOWN OF WESTLAKE
RESOLUTION NO.21-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
APPROVING AN INTERLOCAL AGREEMENT WITH THE CITY OF KELLER,
TEXAS, FOR CONSOLIDATED FULL-TIME FIRE PROTECTION/PREVENTION AND
EMERGENCY MEDICAL SERVICES; FOR A TERM OF SIXTEEN (16) MONTHS
COMMENCING APRIL 1, 2021; TO INCLUDE AN EQUALLY SHARED FEASIBILITY
STUDY REGARDING SAID CONSOLIDATED SERVICES; AND AUTHORIZING THE
TOWN MANAGER TO EXECUTE ALL CONTRACT DOCUMENTS RELATING
THERETO ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS.
WHEREAS, it has been determined by the Town Council of the Town of Westlake, Texas
that it is in the best interest of the health, safety and general welfare of the people of the Town of
Westlake to consolidate fire protection/prevention and emergency medical services with the City
of Keller on a temporary basis; and
WHEREAS, Town staff recommends a temporary consolidation of said services while the
communities engage in a joint feasibility study; and
WHEREAS, the current Westlake Fire/EMS Fire Chief will assume the role of Interim
Chief of Keller Fire -Rescue during the temporary consolidation term; and
WHEREAS, the Keller Fire -Rescue Battalion Chiefs shall serve with and integrate into
Westlake Fire/EMS, and the Westlake Fire/EMS command staff shall also serve and integrate
with Keller Fire -Rescue; and
WHEREAS, this Agreement shall be in conformance with, and is authorized by, Chapter
791 of the Texas Government Code, more commonly known as the "Interlocal Cooperation
Act".
WHEREAS, the Town Council finds that the passage of this resolution is in the best
interest of the citizens of Westlake.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL, OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Town Council of the Town of Westlake, Texas hereby approves
an Interlocal Agreement with the City of Keller, Texas, for consolidated full-time fire
Resolution 21-10
Page 1 of 2
protection/prevention and emergency medical services; for a term of sixteen (16) months
commencing April 1, 2021; to include an equally shared feasibility study regarding said
consolidated services; and further authorizes the Town Manager to execute all contract documents
relating thereto on behalf of the Town of Westlake, Texas.
SECTION 3: That, the City of Keller and the Town of Westlake desire to enter into said
Agreement to continue to provide fire protection/prevention and emergency medical services at
the highest level possible for both communities in accordance with the terms and conditions set
forth in the Agreement, attached hereto as Exhibit "A ".
SECTION 4: If any portion of this resolution shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this resolution without the invalid
provision.
SECTION 5: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 29th DAY OF MARCH 2O21.
ATTEST:
1W14L-(
Tod6 Wood, Town Secretary
APPROVED AS TO FORM:
7 4 R -.", (-I—
L. Stanton Lowry, Town Attorney
t /
Laura' . Wheat, Mayor
dww—a 46f4,
Amanda DeGan, Town Manager
i �:.• OF WEST�9�.
Resolution 2]-l0
Page 2 of 2
INTERLOCAL AGREEMENT
FOR FIRE PROtECTION/PREVENTION AND EMEGRNUX SERVICE, S
THE STATE OF TEXAS
COUNTIES OIL TARRANT
Aud DENTON )(
THIS AGREEMENT, is made and entered into by the CITY OF KELLER, TEXAS, a Home
Rule municipal corporation, hereinafter referred to as "KELLER", and the TOWN OF WESTLAKE,
TEXAS, a Type A General Law municipal corporation, hereinafter referred to as "WESTLAKE", each
acting by and through its duly appointed city/town managers (collectively the "Localities"):
WITNESETH:
WHEREAS, the LOCALITIES are desirous of providing its residents and businesses with a
consolidated full-time fire protection/prevention and emergency medical services, and
WHEREAS, the LOCALITIES are desirous of conducting a feasibility study to further
investigate consolidation of the fire protection/prevention and emergency medical services, and
WHEREAS, the LOCALITIES hereto desire to enter into said Agreement to continue to provide
fire protection/prevention and emergency medical services at the highest level possible for the Localities in
,accordance with the terms and conditions set forth herein during the term of the Agreement, and
WHEREEAS, KELLER and WESTLAKE believe that this Agreement is in the best interests of
KELLER and WESTLAKE, and
WHEREAS, this Agreement has been approvcd by lie governing bodies of KELLER Ind
WESTLAKE; and
WHEREAS, this Agreement steal I be in conformance with, and is authorized by, Chapter 791 of
the Texas Government Code, more commonly known as the "Interlocal Cooperation Act",
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
CONSIDERATION PROVIDED FOR HEREIN, THE RECEIPT AND SUFFICIENCY OF WHICH
ARE HEREBY CONFIRMED, THE LOCALITIES HERETO AGREE TO THE FOLLOWING:
SECTION 1; All matters stated above in the preamble are found to be true and correct and are
incorporated herein by reference as if copied in their entirety,
SECTION 2: This Agreement shall be for a term of sixteen (16) months commencing on April
1, 2021 and ending August 1, 2022, If either party wishes to terminate this Agreement they may do so
under the requirements in Section 7 below,
SECTION 3: WESTLAKE hereby agrees to perform and provide the following:
I hWEMS haerlocal Agreement — Cxhlbir "A"
Page I of 4
a, The Westlake FireIRMS Fire Chief shall become the Interior Chief of Keller Dire Rescue
and for the Interior Chief to have full operational command and control over Feller Dire
Fescue,
b, The provision of fire protection/prevention and emergency medical services to the
Localities shall remain at the same level or higher without any disruption of service
delivery,
c, 'Phe integration of Westlake Dire/RIMS command staff into the Keller Fire Fescue,
d, The integration of Westlake Dire/FINIS personnel and equipment as needed, into the Feller
Fire Fescue,
e, For the Westlake Dire/EMS to respond to calls in the Keller acting its one department.
SECTION 4: Keller hereby agrees to perform and provide the following:
a. The Keller Dire Rescue Battalion Chiefs shall serve with and integrate into Westlake
t'ire/FMS,
b, The provision of fire protection/prevention and emergency medical services to the
Localities shall remain at the same level or higher without any disruption of service
delivery.
c. The integration of Keller Dire Rescue command staff into the Westlake Fire/EMS,
d. The integration of Keller Dire Fescue personnel and equipment as needed, into the
Westlake Fire/EMS.
e. For the Keller Fire Rescue to respond to calls in Wesdake acting as one department,
SECTION L KELLER AND WESTLAKE shall both:
a. Utilize the standard operating practices and procedures,
b. Utilize existing communication and dispatch.
c. Westlake and Feller shall maintain its respective compensation packages, human resource
and payroll services necessary for the recruitment, screening, employment, and training of
all fire, emergency medical service, and rescue personnel required to provide services
under this Agreement, including providing all employee policies and procedures and the
administration thereof.
d. All general and personal liability coverage necessary for (lie adequate protection of
Westlake and Keller personnel providing said fire protection/prevention and emergency
medical services at the same level, provided however, that neither party shall be responsible
for the other parties' employee retirement and/or pension benefits.
e. All required reporting, reports, and statistics pertinent to Westlake and Keller shall be
maintained in accordance with applicable local, state and federal requirements.
f. Westlake and Keller agree to provide regular and frequent communication and meetings
with personnel from Westlake and Keller to ihare information.
Fire/CMS Interlocal Agreement — Exhibit "A"
Page 2 of 4
g, The Interim Chief shall be present at the Westlake anti feller Council meetings and may
be asked to make presentations to the Westlake and/or the Keller elected officials or
community members/groups.
h, Keller and Westlake agree to, at am inimum, maintain the funding level for its respective
operations described in this Agreement for fiscal year 2021-22 at the same level as fiscal
year 2020-21,
i, Keller and Westlake agree to share equally in the cost of the consultant (s) necessary to
determine the feasibility of consolidated full-time fire protection/prevention and
emergency medical services,
SECTION 6: Revenues Retained. All revenues, fines, fees, etc, that may be generated by
performing fire protection/prevention and emergency medical services duties within tine respective
municipal boundaries of KELL,ER and WESTLAKE shall be retained by respective locality,
SECTION 7: Cancellation. Either party shall have the right to terminate this agreement by
giving written notice to the ether party with at least thirty (30) clays notices.
SECTION S:, Notices, All written notices shall be sent to the following parties by certified mail
return receipt requested to;
Kul LLER WESTLAKE
Mark flafner, City Manager Amanda pecan, Town Manager
City of Keller Town of Westlake
P.0, Box 7700 1500 Solana Blvd., Bldg, 7, Suite 7700
Keller, Texas 76244 Westlake, Texas 76262
SECTION 9: Dispute Resolution. In order to ensure an effective relationship between the
parties and to provide the best possible fire protection/prevention and emergency medical services, it is
mutually agreed that all questions arising under this Agreement shall be handled and resolved between the
City Manager of KELLER and the Town Manager of WESTLAKE, Any issues not resolved hereunder
may be referred to the respective governing bodies for resolution who hereby agree to the appointment of
a mediator to assist in resolving said dispute as a prerequisite to the filing of any lawsuit over such issues.
SECTION 10: 'Venue. 'Venue for any legal dispute arising pursuant to this agreement shall lie in
Tarrant County, Texas, No litigation shall be commenced prior to affording the other party the opportunity
to participate in mediation in accordance with. Section 9,
,Si4,CTION 11: At all times during the term of this Agreement, all Westlake Fire/EMS and Keller
Dire Rescue operations shall be under the supervision and control of the Interim Chief,
SECTION 12: The Localities mutually agree that KELLER employees shall remain Keller
employees, and, that WESTLAKE employees shall remain Westlake employees during this Agreement,
,SECTION 13: Indemnification. To the extent allowed by law, Keller and WESTLAKE agrees
to hold harmless, save and indemnify each other for any and all claims for damages, personal injury and/or
death that may be asserted against Keller or Westlake arising from its performance hereunder within limits
of the Texas Tort Claims Act save and except intentional acts or acts of gross rregl igence by the other party.
PIrelEM5 lnlerlocal Agreement— Exhibit "A"
Page 3 of 4
The foregoing notwithstanding, the Localities hereto reserve the right to all available legal defenses and all
protections and limitations of liability provided by the Texas Fort Claims Act and the Texas Constitution
relative to these parties,
The previsions of this indemnification are solely for the benefit of the parties hereto and not
Intended to create or grant any rights, contractual or otherwise, to any other person or entity,
SEC110N 14: This Agreement may only he modified, changed or altered at any time, upon
mutual agreement of parties, provided that any such modification, change and/or alteration be reduced to
writing, and approved by the governing bodies of KELLER and WESTLAKE, Provided, however, the City
Manager of Feller and the Town Manager of Westlake are authorized to make policy and procedure
revisions to further implement this Agreement.
IN WITNESS WHEREOF, we have hereunto set our hands this the _ 1�_fkday of = �_, 2021, in
duplicate originals.
CITY OIL KEELER, TEXAS
By: Armin IZ. Miraani
Mayor
y: Marlc •tamer —
City Manager
ATTEST:
IGcli Blrll�ard
City Secretary
APPROVED AS TO FORM:
-�M (R—,
�*—
By: L. Stanton Lowry
City Attorney
TOWN OF WESTLAKE, TEXAS
By: heSlt
Mayor
By: Amanda DeCan
Town Manager
AT VST:
By: Todd Wood— -
I own Secretary
Fire/CMS Interlocal Agreement — Exhibit "A"
Page 4 of 4